SMT. RACHNAversusJAYESH
- Citation
- 2008 INSC 1161
- Decided
- 16 October 2008
- Disposal
- Disposed off
- Bench
- ARIJIT PASAYAT
Holding
The Supreme Court held that a mutually agreed settlement in Lok Adalat is binding and can be used to dispose of pending matrimonial civil and criminal cases.
Summary
Smt. Rachna filed a transfer petition before the Supreme Court seeking transfer of several pending civil and criminal matrimonial cases to the Supreme Court Lok Adalat. The matters were listed before the Lok Adalat on 5 September 2008, where mediation led to a comprehensive settlement covering apologies, monetary payment, flat allotments, and an agreement to live together as husband and wife. The settlement also provided for withdrawal of criminal complaints and the closure of pending divorce proceedings. The Court examined whether such a settlement could be given effect to dispose of the pending cases. Finding that the parties had mutually agreed and that the Lok Adalat settlement is binding, the Court ordered the disposal of all the transfer petitions in accordance with the terms of the settlement.
Issues considered
- Whether pending matrimonial civil and criminal cases can be transferred to the Supreme Court Lok Adalat for settlement.
- Whether a settlement reached in Lok Adalat is binding and can lead to the disposal of criminal charges under the IPC.
- Whether the Supreme Court can order the closure of pending divorce and other family law proceedings based on the parties' agreement.
Legislation cited
- Indian Penal Code, 1860s. 307, s. 323, s. 498A, s. 504, s. 506
Subjects
Judgment
[2008] 14 S.C.R. 517
-~~ SMT. RACHNA A
v.
JAYESH
(T.P.(C) No. 699 of 2008)
OCTOBER 16, 2008
B
(DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM
-1 SHARMA, JJ.)
Hindu Law:
Lok Ada/at - Matrimonial disputes - Settling of - Held: c
Disputes between the parties settled at Supreme Court Lok
Ada/at - Transfer petitions disposed of accordingly
Petitioner-wife filed transfer petition before this Court
for transfer of certain cases involving matrimonial dis-
D
putes and were pending before various civil and criminal
.... __, courts. The cases were listed before the Supreme Court
Lok Adalat and settled.
Disposing of the petition, the Court
HELD: It has been agreed between the parties that E
they shall live as husband and wife together and that there
is no other claim against each other. In view of the afore-
said agreement, the casess are disposed of in terms of
the settlement. (Paras 1(4) & 2) [518-G-4]
F
-A CIVIL ORIGINAL JURISDICTION: Transfer Petition (Civil)
No. 699 of 2008
WITH
T.P. (Crl.) Nos. 327/2008 and 49/2007 G
Dr. Vipin Gupta, Shree Pal Singh, Govind Goel, C.D.
~
Singh, Sunny Chowdhary, Vairagya Vardhan Dubey, Aditya
Singh and Sukesh Ghosh for the Appearing Parties.
- 517 H
518 SUPREME COURT REPORTS [2008] 14 S.C.R.
A The Judgment of the Court was delivered by
DR. ARIJIT PASAYAT, J. 1. Though the present transfer
petitions have been filed for transfer of certain cases, the cases
were directed to be listed at the Supreme Court Lok Adalat
which was held on 5th September, 2008. The objective was to
8 explore the possibility of sorting out the matrimonial discords.
With the assistance of the Mediators, the parties were heard
and following terms for settling the disputes were arrived at:
"It has been agreed between the petitioner and the
c respondents along with their respective fathers that
1. The father of respondent agrees with the father of
the petitioner that he will accept the apologies of
Shri Devki Nandan Sone, father of the petitioner wife
in presence of the Jatav Samaj of the respondent's
D father at Indore and shall forgive him for all that has
happened.
2. Shri Devki Nandan Sone will pay a sum of Rs.50,000/
- to the respondent on or before 5th of November,
2008, for obtaining allotment of flat.
E
3. The respondent Mr. Jayesh will apply to his Company
ONGC for allotment of flat at Bombay on 1oth
September, 2008.
That respondent Mr. Jayesh, will inform the petitioner
F and her family at Agra about the allotment of the flat
by the Company and shall go to Agra to take the
petitioner with him to Bombay to set up his
matrimonial house.
G
4. It has been agreed between the parties that they
shall live as husband and wife together and that there
is no other claim against each other.
Cases filed by Smt. Rachana Petitioner:
H
(1) ST No.123/07 Section 307 IPC ...
SMT. RACHNA v. JAYESH 519
[DR. ARIJIT PASAYAT, J.]
-~ State Vs. Jayesh and Ors. ASJ, Agra A
(2) Case Claim No.124/2005 Rachna Vs. Jayesh
Section 498A, 307, 323, 504, 506 IPC read with%
D.P. Act.
Cases filed by Jayesh Respondent. B
I. Petition for divorce pending at Indore Misc. 370/
---1 6 Family.
... II. Criminal Complaint No.2284/05 titled Ramesh
Chandra and Ors. v. Vijay Singh and Ors. shall c
be withdrawn/quashed by the Court.
Agreed accordingly."
2. In view of the aforesaid agreement, the petitions are
disposed of on the terms as set out above. The proceedings as
D
noted above stand closed.
---{ S.K.S. Disposed Petition of.
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.